Key Changes in Indian Patent Law Explained by a Patent Attorney in India
Reduced Patent Fees for Educational Institutions
One major change made possible by the Amendment Rules of 2021 is the reduction in patent fees for academic institutions. The government has taken action to improve educational institutions access as well as affordability of the patenting process, realizing the critical role that these institutions play in promoting innovation. The intention is to stimulate increased involvement from academic institutions in patenting their discoveries by cutting registration and other associated fees by 80%. This action should help the commercialization of technology created in educational environments, which will benefit India's innovation ecosystem as a whole
Extension of the Expedited Examination System
Adding more types of patent applicants to the system is a noteworthy advancement as well. SMEs, female candidates, government agencies, institutions created by government legislation, government firms, and others are now eligible to apply for the Expedited Examination System, which was previously exclusively open to startups. Through this expansion, these organizations will be able to accelerate the patent examination process, which will facilitate the faster acceptance and protection of their innovations. The government aims to assist a wide variety of innovators and expedite the conversion of their concepts into finished goods and services by expanding the eligibility requirements.
Impact on the Patent Application Process
The effects of these developments are already evident in the patent application process. Data from the Indian Patent Office indicates a significant increase in the number of patent applications filed, with 19,796 applications filed in 2022 alone. 10,706 of them were filed by domestic applicants, suggesting that Indian innovators are becoming more interested in patent protection. The Intellectual Property Office and DPIIT's initiatives have led to a greater understanding of the advantages of IP registration, which the Ministry of Commerce and Industry credits with the rise in filings. Additionally, the waiting time of patent applications has decreased as a result of the adoption of expedited examination processes, examination timeframes currently range from 5 to 23 months, down from the previous 72 months.
Increase in Patent Grants and Global Recognition
The Indian Patent Office has granted more patents as a result of these advances, which is indicative of their influence. 30,074 patents were issued in the fiscal year 2021–2022, a notable rise over the 5,978 patents granted in the fiscal year 2014–2015. This increase in patent grants demonstrates how well the reforms have streamlined the patenting procedure and promoted innovation. In addition, India's position in the Global Innovation Index has improved, moving up from 66th to 46th in 2020–2021. This upward trend indicates India's increasing standing as a global centre for entrepreneurship and innovation.
Conclusion
the latest advancements in Indian patent law represent a noteworthy advancement in stimulating innovation, diminishing obstacles, and augmenting the nation's competitiveness within the international marketplace. These reforms are enabling a new generation of innovators, entrepreneurs, and institutions to achieve their creative potential and support India's progress towards becoming a global innovation powerhouse by making the patenting process more easily accessible, affordable, and efficient. Patent attorneys in India are essential in helping innovators make sense of this changing environment by offering knowledgeable legal advice and support in navigating the complexity of patent law.
FAQs
Q1. What are the types of IPR in India?
Ans- Copyrights and patents are the two primary categories of intellectual property rights (IPR) in India. Patents grant temporary exclusivity to innovators, protecting their ideas and creations. Conversely, copyrights safeguard unique artistic, literary, and creative works such as movies, music, and novels. India's robust intellectual property laws encompass a wide range of IPR, including trade secrets, integrated circuits, industrial designs, trademarks, and geographical indications, thereby fostering innovation and creativity across diverse industries.
Q2. What is the life cycle of patent in India?
Ans- The life cycle of a patent in India begins with the filing of an application. Once granted, a patent in India has a term of 20 years starting from the date of the application filing. For applications filed during the national phase under the Patent Cooperation Treaty (PCT), the patent's term is calculated based on the international filing date assigned under the PCT. This system encourages innovation and safeguards intellectual property by granting patent holders exclusive rights to their inventions for a defined period.
Q3. What patent is 14 years?
Ans- The patent is a design patent with a 14-year duration. Design patents grant exclusive rights to the inventor for the ornamental design of a functional object for a period of fourteen years from the date of patent issuance. However, due to the 1999 Geneva Act of the Hague Agreement, design patents issued from applications filed on or after May 13, 2015, now have a term of fifteen years from the date of patent grant.
Q4. What is the rule 7 of patent?
Ans- Patent law's Rule 7 addresses small entities and the associated processes. This rule specifically requires that Form-28 accompany any document submitted by a small entity. Form-28 is significant because it specifies the required fee. The objective is to ensure that small businesses comply with the fee structure outlined in the patent issuance schedule.
